TERMS & CONDITIONS
EXTREME Needlepoint Webstore
TERMS AND CONDITIONS
LAST REVISION: [December 15, 2016]
PLEASE READ THE FOLLOWING CAREFULLY. By using this website or purchasing services from this website, you agree to be bound by all of the terms and conditions set forth below. The terms “us,” “we” and/or “our” shall refer to EXTREME Needlepoint and EnTheos, LLC, while the terms “Customer,” “you” and/or “your” shall refer to the individual, entity or organization that accepts this Agreement, has access to your account or uses the Services.
This Services Agreement (the "Agreement" and/or “Terms and Conditions”) governs your use of this website, www.extremeneedlepoint.com (the "Website") and sets forth the terms and conditions applicable to your purchase and/or use of Services (as defined herein) offered by EnTheos, LLC (the "Company" or “EnTheos”) on the Website.
This Agreement includes, and incorporates by this reference, the policies and guidelines referenced below. The Company reserves the right to change or revise the terms and conditions of this Agreement at any time by posting any changes or a revised Agreement on the Website. The Company will alert you that changes or revisions have been made by indicating on the top of this Agreement the date in which it was last revised. The changed or revised Agreement will be effective immediately after it is posted on the Website. Your use of the Website following the posting of any such changes or of a revised Agreement will constitute your acceptance of any such changes or revisions. The Company encourages you to review this Agreement whenever you visit the Website to make sure that you understand the terms and conditions governing the use of the Website and purchase of Services. If you do not agree to this Agreement (including any referenced policies or guidelines), please immediately terminate your use of the Website.
You acknowledge that you have read, understand and agree to be bound by all of the Terms and Conditions of this Agreement, as well as all other applicable rules or policies, terms and conditions, or service agreements that are or may be established by the Company from time to time and are incorporated herein by reference.
a. Customer means an individual or an entity that accepts this Agreement by placing an Order through the Website;
b. Contract means the legally-binding agreement between you and us for the supply of the Services;
c. Delivery Location means the Customer's premises, as set out in the Order;
d. Durable Medium means paper or email, or any other medium that allows information to be addressed personally to the recipient, enables the recipient to store the information in a way accessible for future reference for a period that is long enough for the purposes of the information, and allows the unchanged reproduction of the information stored;
e. Goods means any kit or package that we supply to you only as part of the Services, and of the number and description as set out in the Order;
f. Order means the Customer's order for the Services from EnTheos as submitted following the step by step process set out on the Website;
h. Services means all the services included in Section II of this Agreement, as further described and advertised in the Website.
i. Visitors means any visitors, viewers, users, or Customers that visit the Website
a. The Services provided by the company include, but are not limited to (i)Personalized Needlepoint Design Service, (ii) Custom Needlepoint Kit Creation, (iii) Needlepoint Stitching-As-A-Service and (iv) Leather/Vegan Finishing Services.
b. The description of the Services is as set out in the Website, catalogues, brochures or other form of advertisement. Any description is for illustrative purposes only and there may be small discrepancies in the size and color of any Goods supplied.
c. In the case of Services made to your special requirements, it is your responsibility to ensure that any information or specification you provide is accurate.
d. All Services which appear on the Website are subject to availability.
e. We can make changes to the Services which are necessary to comply with any applicable law or safety requirement.
III. CUSTOMER RESPONSIBILITIES
a. You must co-operate with us in all matters relating to the Services, provide us with all information required to perform the Services and obtain any necessary licenses and consents (unless otherwise agreed).
b. Failure to comply with the above is a Customer default which entitles us to suspend performance of the Services until you remedy it or if you fail to remedy it following our request, we can terminate the Contract with immediate effect on written notice to you.
IV. OWNERSHIP OF WEBSITE OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
a. The Website and its contents are owned or licensed by EnTheos. Material contained on the Website must be presumed to be proprietary and copyrighted. Customers and Visitors have no rights whatsoever in the site content. Use of the Website content for any reason is unlawful unless it is done with express contract or permission from EnTheos.
b. Visitors have no right to use this information in a commercial or public setting; they have no right to broadcast it, copy it, save it, print it, sell it, or publish any portions of the content of this Website. By viewing the contents of this Website you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties. Again, Visitors have no rights whatsoever to use the content of, or portions thereof, including its databases, invisible pages, linked pages, underlying code, or other intellectual property the site may contain, for any reason for any use whatsoever. Visitor warrants that he or she understands that accepting this provision is a condition of viewing and that viewing constitutes acceptance.
c. All designs created for you by EnTheos, including illustrations created from images supplied by you, are the sole property of EnTheos and may be used by EnTheos to produce needlepoint products for sale. All images of finished EXTREME Needlepoint products supplied by you may be used on this website and on social media platforms of the purpose of marketing EXTREME Needlepoint Services.
V. PERSONAL INFORMATION
b. We may contact you by using e-mail or other electronic communication methods and by pre-paid post and you expressly agree to this.
VI. BASIS OF SALE
a. The description of the Services in our website does not constitute a contractual offer to sell the Services. When an Order has been submitted on the Website, we can reject it for any reason, although we will try to tell you the reason without delay.
b. The Order process is set out on the Website. Each step allows you to check and amend any errors before submitting the Order. It is your responsibility to check that you have used the ordering process correctly.
c. A Contract will be formed for the Services ordered only when you receive an email from us confirming the Order (Order Confirmation). You must ensure that the Order Confirmation is complete and accurate and inform us immediately of any errors. We are not responsible for any inaccuracies in the Order placed by you. By placing an Order you agree to us giving you confirmation of the Contract by means of an email with all information in it (i.e. the Order Confirmation). You will receive the Order Confirmation within a reasonable time after making the Contract, but in any event not later than the delivery of any Goods supplied under the Contract, and before performance begins of any of the Services.
d. No variation of the Contract, whether about description of the Services, Fees (as defined below) or otherwise, can be made after it has been entered into unless the variation is agreed by the Customer and the Supplier in writing.
VII. FEES AND PAYMENT
a. The fees (“Fees”) for the Services, and any additional delivery or other charges, are those that are set out on the Website at the date we accept the Order, or such other price as we may agree in writing.
b. Fees and charges include Sales and Use Tax at the rate applicable under the Puerto Rico Internal Revenue Code at the time of the Order.
c. You must pay by submitting your credit or debit card details with your Order and we can take payment immediately or otherwise before delivery of the Services.
a. We will deliver the Services to the Delivery Location by the time or within the agreed period or, failing any agreement.
b. We do not generally deliver to addresses outside the United States of America. If, however, we accept an Order for delivery outside that area, you may need to pay import duties or other taxes, as we will not pay them.
c. If you or your nominee fails, through no fault of ours, to take delivery of the Services at the Delivery Location, we may charge the reasonable costs of storing and redelivering them.
IX. RISK AND TITLE
a. Title to, and risk of loss for any Goods will transfer to you upon shipment of the Goods by EnTheos (i.e. FOB shipping point when the Goods are delivered to you.)
b. The Customer is responsible for freight costs and liability during transportation of any Goods.
X. RETURNS AND CANCELLATIONS
a. Due to the customized nature of our Services, all orders are non- refundable/non-returnable once the Order has been submitted.
b. All Services are subject to the quality standards described below under Section X of this Agreement.
a. We have a legal duty to supply the Services in conformity with the Contract, and will not have conformed if it does not meet the following obligation.
b. Upon delivery, the Goods will:
i. be of satisfactory quality;
ii. be reasonably fit for any particular purpose for which you buy the Goods which, before the Contract is made, you made known to us (unless you do not actually rely, or it is unreasonable for you to rely, on our skill and judgment) and be fit for any purpose held out by us or set out in the Contract; and
iii. conform to their description.
c. It is not a failure to conform if the failure has its origin in the materials and/or information you provide to us .
d. We will supply the Services with reasonable skill and care.
XII. DURATION, TERMINATION AND SUSPENSION
a. The Contract continues as long as it takes us to perform the Services.
c. On termination of the Contract for any reason, any of our respective remaining rights and liabilities will not be affected.
XIII. CIRCUMSTANCES BEYOND THE CONTROL OF EITHER PARTY
a. In the event of any failure by a party because of something beyond its reasonable control:
i. the party will advise the other party as soon as reasonably practicable; and
ii. the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid, but this will not affect the Customer's above rights relating to delivery (and the right to cancel below).
XIV. GOVERNING LAW, JURISDICTION AND COMPLAINTS
a. The Contract (including any non-contractual matters) is governed by the law of the Commonwealth of Puerto Rico.
b. Disputes can be submitted to the jurisdiction of the courts of The Commonwealth of Puerto Rico.